Florida works to approve $1.3M settlement for woman who was rapedand impregnated by her foster father when she was a teenager.

State works to approve $1.3M settlement for woman

By Larry Hannan contact

Monday, August 6, 2007

http://www.naplesnews.com/news/2007/...?breaking_news

State legislators have begun taking steps to help a mentally retarded
woman who was raped and impregnated by her foster father when she was a
teenager.

Earlier this year, the Department of Children and Families settled a
lawsuit brought against the agency by guardians for Pierreisna Archille
for $1.3 million. The lawsuit alleged DCF ignored repeated allegations
of abuse brought by Pierreisna’s sister, Darlene Achille, against their
foster father before Pierreisna ended up pregnant.

Pierreisna’s foster father, Bonifacio Valazquez, repeatedly raped
Pierreisna when she was a minor and Pierreisna ended up pregnant at 17.

When Darlene alleged abuse, DCF transferred her to another foster home
and left Pierreisna in the Valazquez home in Immokalee. DCF didn’t take
the abuse complaints seriously until it was discovered that Pierreisna
was four months pregnant.

The failure of DCF to follow up on Darlene’s complaints was the crux of
the lawsuit, which argued that DCF caseworkers and investigators were
negligent and allowed the rapes to happen.

It generally is Daily News policy not to publish the names of victims of
sexual abuse. However, Darlene Achille gave the newspaper permission to
identify her sister, for whom she is the legal guardian. The sisters’
last names are spelled differently, according to their birth certificates.

Under state law, only $100,000 can be awarded to Pierreisna unless the
state Legislature passes a claims bill that approves the rest of the
settlement.

The Legislature must approve the settlement because state law caps
judgments against government agencies at $100,000.

Under Florida Senate rules, a claims bill had to be introduced by Aug. 1
for it to be considered during the regular 2008 legislative session.

State Sen. David Aronberg, D-Greenacres, whose district includes part of
Lee County, has sponsored a claims bill that would give Pierriesna all
the money in the settlement.

"It’s a disheartening case," Aronberg said. "But it’s a case that has
been settled and now we need to get a bill passed."

It is not uncommon for bills to be introduced and then never voted on
before the Legislature adjourns for the year. Aronberg conceded that
could happen with this claims bill.

"That’s always a concern because good legislation dies every year," he
said. "But I can tell you that I will do everything I can to get this
passed."

There is no specific deadline in the Florida House of Representatives
for introducing a claims bill. However, one will have the be introduced
before the 2008 legislative session begins.

Rep. David Rivera, R-Miami, said a claims bill would be introduced. It
will be sponsored by either Rivera or Rep. Mike Davis, R-Naples.

"We’re talking about which one of us is going to sponsor it right now,"
Rivera said. "If Mike doesn’t sponsor it, I will."

Davis and Rivera both represent portions of Collier County. Rivera also
is chairman of the House Rules Committee and is sometimes called the
second-most-powerful person in the House after Speaker Marco Rubio.

Rivera said it is impossible to predict if the bill would be approved in
the House.

"It depends on how many claims bills there are and what is going on with
the budget," Rivera said. "But this is one that merits serious
consideration."

Rep. Garrett Richter, R-Naples, also indicated support for the claims bill.

"As I review this case it certainly is a case of blatant
irresponsibility on behalf of the state," Richter said.

Valazquez, now 72, was sentenced in 2001 for sexual battery and in 2003
for indecent assault of a child younger than 16. He is scheduled to be
released from prison in 2008.

Darlene now is the primary guardian of Pierreisna and the child she had.
They live in Fort Myers.

Darlene is 22 and Pierreisna is 25, but Pierreisna has a mental
disability that gives her the thought process of a 13-year-old, court
records show.

Pierreisna works at a Publix. Darlene is a full-time student at Florida
Gulf Coast University and also works at a Sweetbay.

Aronberg said he’s sponsoring the bill because Darlene and Pierreisna
live in his district, which includes part of Fort Myers.



CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING HUNDREDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...


BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...

fx wrote:
State works to approve $1.3M settlement for woman

By Larry Hannan contact

Monday, August 6, 2007

http://www.naplesnews.com/news/2007/...?breaking_news


State legislators have begun taking steps to help a mentally retarded
woman who was raped and impregnated by her foster father when she was a
teenager.

Earlier this year, the Department of Children and Families settled a
lawsuit brought against the agency by guardians for Pierreisna Archille
for $1.3 million. The lawsuit alleged DCF ignored repeated allegations
of abuse brought by Pierreisna’s sister, Darlene Achille, against their
foster father before Pierreisna ended up pregnant.

Pierreisna’s foster father, Bonifacio Valazquez, repeatedly raped
Pierreisna when she was a minor and Pierreisna ended up pregnant at 17.

When Darlene alleged abuse, DCF transferred her to another foster home
and left Pierreisna in the Valazquez home in Immokalee. DCF didn’t take
the abuse complaints seriously until it was discovered that Pierreisna
was four months pregnant.

The failure of DCF to follow up on Darlene’s complaints was the crux of
the lawsuit, which argued that DCF caseworkers and investigators were
negligent and allowed the rapes to happen.

It generally is Daily News policy not to publish the names of victims of
sexual abuse. However, Darlene Achille gave the newspaper permission to
identify her sister, for whom she is the legal guardian. The sisters’
last names are spelled differently, according to their birth certificates.

Under state law, only $100,000 can be awarded to Pierreisna unless the
state Legislature passes a claims bill that approves the rest of the
settlement.

The Legislature must approve the settlement because state law caps
judgments against government agencies at $100,000.

Under Florida Senate rules, a claims bill had to be introduced by Aug. 1
for it to be considered during the regular 2008 legislative session.

State Sen. David Aronberg, D-Greenacres, whose district includes part of
Lee County, has sponsored a claims bill that would give Pierriesna all
the money in the settlement.

"It’s a disheartening case," Aronberg said. "But it’s a case that has
been settled and now we need to get a bill passed."

It is not uncommon for bills to be introduced and then never voted on
before the Legislature adjourns for the year. Aronberg conceded that
could happen with this claims bill.

"That’s always a concern because good legislation dies every year," he
said. "But I can tell you that I will do everything I can to get this
passed."

There is no specific deadline in the Florida House of Representatives
for introducing a claims bill. However, one will have the be introduced
before the 2008 legislative session begins.

Rep. David Rivera, R-Miami, said a claims bill would be introduced. It
will be sponsored by either Rivera or Rep. Mike Davis, R-Naples.

"We’re talking about which one of us is going to sponsor it right now,"
Rivera said. "If Mike doesn’t sponsor it, I will."

Davis and Rivera both represent portions of Collier County. Rivera also
is chairman of the House Rules Committee and is sometimes called the
second-most-powerful person in the House after Speaker Marco Rubio.

Rivera said it is impossible to predict if the bill would be approved in
the House.

"It depends on how many claims bills there are and what is going on with
the budget," Rivera said. "But this is one that merits serious
consideration."

Rep. Garrett Richter, R-Naples, also indicated support for the claims bill.

"As I review this case it certainly is a case of blatant
irresponsibility on behalf of the state," Richter said.

Valazquez, now 72, was sentenced in 2001 for sexual battery and in 2003
for indecent assault of a child younger than 16. He is scheduled to be
released from prison in 2008.

Darlene now is the primary guardian of Pierreisna and the child she had.
They live in Fort Myers.

Darlene is 22 and Pierreisna is 25, but Pierreisna has a mental
disability that gives her the thought process of a 13-year-old, court
records show.

Pierreisna works at a Publix. Darlene is a full-time student at Florida
Gulf Coast University and also works at a Sweetbay.

Aronberg said he’s sponsoring the bill because Darlene and Pierreisna
live in his district, which includes part of Fort Myers.



CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING HUNDREDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...


BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...

yawn